Bonobos Issues 'Cease & Insist' To Katy Perry After It Promised To Sell Left Shark Suits
from the legal-marketing dept
So the saga of the Left Shark and Katy Perry's lawyers keeps getting more and more strange. We've already covered the legal threat from Perry's lawyers to the guy who was offering a 3D printed figurine of the Left Shark, followed by the response explaining to Perry's lawyers that there is no copyright in left shark, leading to Perry's lawyers to issue a uh huh there is... while also using the figurine maker's own photo of his 3D printed shark in their (now abandoned) trademark application.So, what could make this situation stranger? Bonobos. You know, the hip and trendy pants company? Right, so back during the Superbowl, their social media folks tried to get in on some of that sweet sweet free Super Bowl advertising, and tweeted, asking if they should crowdfund a project to start selling a Katy Perry shark costume:
NOTICE to Cease listening to your lawyers and Insist you let Bonobos make the shark suit.Of course, while the letter is a mocking advertisement more than any actual legally sound statements, the claim that Perry has any legal claim over the shark costume is highly questionable, though it is entirely possible that in a fit of liability avoidance that Bonobos lawyers legitimately said the company should try to get permission -- even if none is actually needed.
Dear Katy Perry:
We're impressed. Like, really impressed. First, you tamed a creepy lion-robot thing, and then you conquered Marine Biology. Neither Jacques Cousteau nor Taylor Swift ever discovered a sea creature as adorable as Left Shark! In the history of pop music and oceanic sciences, this is a first. And maybe a last. Sigh.
Look, Katy. We have a problem. Our marketing team got amped up on Skittles and did something reckless. During a popular Sunday football game we promised the Internet shark suits, because duh. But then came Monday morning, and our lawyers gave us the shame stare. You know, the "we'er not angry, just disappointed." Except they were also angry. Mostly angry, actually.
Apparently, we cannot sell shark costumes without your permission. In addition to being an esteemed marine biologist, you are also, it appears, a legal guardian for sharks. With that in mind, this is our humble offer: allow us to sell shark suits, and we'll donate all profits to the charity of your choice. You have 10 days to respond, or we'll wait longer.
Sincerely,
Bonobos
Either way, what Perry should do is exactly what lawyer Chris Sprigman originally suggested in his letter to her lawyers over the 3D printed Left Shark: just let it go. The Left Shark is an internet meme, and Perry should celebrate it, not try to claim made up intellectual property claims over it.
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Filed Under: copyright, katy perry, left shark
Companies: bonobos
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Katy Perry's new motto
Sue them all
That'll show those
Shameless pirates
Let it go
Sue them all
'cause fuck this
Economic climate
So here I'll stand
And here I'll stay
I will just fade out
'Cause people won't care in a while anyway
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My question is thus: is all of this really the result of a decision by Ms. Perry, or is it another example of sheer industry stupidity. Just because they are using her name does not mean she is actually involved.
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My question is thus: is all of this really the result of a decision by Ms. Perry, or is it another example of sheer industry stupidity.
I would like to know that as well. A lot of the discussion seems to assume that it's Perry doing all this, but it seems more likely it's the label and their lawyers. Anyone know if she's made any public statement about the whole thing? Maybe she doesn't even care enough to bother.
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The person, especially someone who has legitimate talent, is cut into pieces, disassembled into component parts. The parts are modified and polished, and spare bits (chosen by committee) are brought in: these are then reassembled into a shiny simulacrum of the original. Katy Perry has become Recombinant Katy Perry, who is no longer a person but simply an attribute of a larger structure. This attribute can only act within methods implemented by the lawyers.
Or something like that... it's late, and I've had way too much coffee.
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Done via malicious breakage of tort law by politicians in bed with lobbyists, enforced by shock trooping lawyers and credulous or senile judges.
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Or, in the case of this very comment, paraphrasing South Park ("Simpsons did it!").
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Or Adele Dazeem.
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ummmm.
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Re: ummmm.
It's sad here though, as I had a bit of respect for Perry. Lawyers can ruin anything, it seems. Thank your elected representatives for that.
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I wonder when the 'rights holders' of this...
In the dance scenes of the Jets and the Sharks, there must have been more than one 'Left Shark'.
Jealousy meet greed!
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Re: I wonder when the 'rights holders' of this...
Or maybe not, as his work was just copying an old Italian story, and I doubt his estate would want to be sued by them....
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WRONG. There are no copyrights possible on clothing. Of left-shark was a *character* and not just a dancer in a generic costume, then the *character* (and possibly name) couldnhave a copyright. As left-shark was essentially "created" by the internet, this would not apply.
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>_
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Ride the wave
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Re: Ride the wave
Just saying...
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Awesomely GRABBING ON to Left Shark...
Ms Perry and team, you do realize that the average Techdirt reader would not know who you are without "Left Shark!". Make the most of it!
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